The Death Penalty in the OSCE Area–Background Paper 2018
7. The Committee is of the opinion that the expression “most serious crimes” must
be read restrictively to mean that the death penalty should be a quite exceptional
measure. It also follows from the express terms of article 6 that it can only be
imposed in accordance with the law in force at the time of the commission of the
crime and not contrary to the Covenant. The procedural guarantees therein prescribed must be observed, including the right to a fair hearing by an independent
tribunal, the presumption of innocence, the minimum guarantees for the defence,
and the right to review by a higher tribunal. These rights are applicable in addition
to the particular right to seek pardon or commutation of the sentence.
United Nations General Assembly Resolution 62/149:
Moratorium on the use of the death penalty
(2007)
The General Assembly,
[…]
Considering that the use of the death penalty undermines human dignity, and
convinced that a moratorium on the use of the death penalty contributes to the enhancement and progressive development of human rights, that there is no conclusive evidence of the deterrent value of the death penalty and that any miscarriage
or failure of justice in the implementation of the death penalty is irreversible and
irreparable,
Welcoming the decisions taken by an increasing number of States to apply a moratorium on executions, followed in many cases by the abolition of the death penalty,
1. Expresses its deep concern about the continued application of the death penalty;
2. Calls upon all States that still maintain the death penalty:
(a) To respect international standards that provide safeguards guaranteeing protection of the rights of those facing the death penalty, in particular the minimum
standards, as set out in the annex to Economic and Social Council resolution
1984/50 of 25 May 1984;
(b) To provide the Secretary-General with information relating to the use of capital
punishment and the observance of the safeguards guaranteeing protection of the
rights of those facing the death penalty;
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